Delgado v. Miller
In a paternity/timesharing case, a general magistrate sua sponte added three paragraphs to a recommended order on a discovery motion barring the parties from disclosing each other's financial information, contacting each other's clients/employers, and commenting on social media about the other's mental health or personal behavior; the trial court adopted the order without a hearing. The Third DCA granted certiorari and quashed those paragraphs as unconstitutional prior restraints imposed without findings of necessity, narrow tailoring, notice, or consent.
Key facts
- Parties engaged in a paternity and timesharing dispute; trial court adopted a general magistrate's recommended order that included three paragraphs restricting parties' disclosures of financial information, contact with each other's clients/employers, and social media comments about each other's mental health and personal behavior.
- The general magistrate sua sponte added the restrictive paragraphs to an order on a discovery motion without a party's motion, consent, notice, or hearing, and the trial court adopted the order without conducting a hearing on those additions.
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Why it matters
Family and civil litigators facing 'gag' provisions — increasingly common in high-conflict family cases where social media posts fuel the dispute — now have a clear Third DCA holding that such restrictions require… — full analysis with a trial
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